More Trouble Finds F. Lee Bailey

Magistrate Threatens Contempt Over `Leaks'

October 29, 1999|By Jim Leusner of The Sentinel Staff

Already in trouble for not meeting a judge's demand that he repay a $2 million client fee, defense attorney F. Lee Bailey was ordered Thursday to explain why he disclosed confidential discussions about a government witness against him.

Saying the matter ``screams out to me as a possible ethical violation,'' U.S. Magistrate James Glazebrook ordered Bailey to submit reasons by Nov. 17 on why he should not be cited for contempt for talking about government witness Randy Glass, a former Boca Raton jeweler, scheduled to testify today in Orlando.

Glass, 47, told federal prosecutors this week that Bailey and a West Palm Beach private investigator tried to get him secretly to sell $1 million in jewelry from real estate infomercial stars William and Chantal McCorkle, both serving 24-year prison sentences for fraud and money laundering. All of the couples' known assets, valued at about $10.6 million, have been seized by the government.

Assistant U.S. Attorney Marie DeMarco Thursday asked for a hearing to investigate Bailey's disclosure of private information during a legal proceeding. She also contended Bailey disclosed confidential attorney-client information from Glass, whom she says consulted Bailey.

After court Wednesday, an outraged Bailey told The Orlando Sentinel that Glass was accusing him of trying to sell $1 million of the McCorkles' jewelry. Bailey denied the charges, accused the prosecutor of presenting false testimony and said that Glass once approached him to see if Bailey could help Glass receive leniency if he turned in a terrorist.

Bailey says he threw Glass out of his office and never represented him. He contends Glass has a history of filing lawsuits and making complaints against lawyers.

Glass pleaded guilty in April in West Palm Beach to fraud and tax charges. He is cooperating with authorities and is awaiting sentencing.

Bailey contends Glass waived any potential client privilege by making criminal allegations against Bailey. But a transcript of Wednesday's bench conference quotes DeMarco saying that when Glass testifies, he specifically would not waive any privilege involving prior legal discussions.

The transcript also showed that Glass contends he appraised and can identify the jewelry shown to him during the past year by Bailey and private investigator Patrick McKenna. Glass also contends that he refused to sell the jewelry because of ongoing legal problems but later saw McKenna's girlfriend wearing a piece of the jewelry.